Are you a victim of fraud or considering taking action to recover monies lost as a result of a suspected fraud?
The expert fraud law team at Francis Wilks & Jones specialise in advising clients on their legal remedies when they believe they have been the victim of fraud. Our team can help with the following:
1. PROVIDING ADVICE PRIOR TO ISSUING LEGAL PROCEEDINGS Read more
It is vital that prior to taking any legal action a victim of fraud fully understands the implications of commencing proceedings at Court – both on a legal and practical basis.
At Francis Wilks & Jones our fraud solicitors regularly advise clients of the pre-issue considerations that they should take into account. Our fraud law advice will cover questions of cost, exploring the range of legal remedies available, issues of evidence, the duty of full and frank disclosure together with an explanation of the legal issues involved in a particular case and the possible causes of action available.
2. APPLYING FOR EMERGENCY INJUNCTIVE RELIEF TO PREVENT THE DISSIPATION OF ASSETS Read more
The fraud law team at Francis Wilks & Jones are experts in preparing all of the relevant court paperwork and supporting evidence needed to obtain Freezing Orders, Search and Seizure Orders and other ancillary relief against an individual and/or company suspected to be involved in a fraud. This advice helps ensure that any stolen assets are not put out of the reach of the victim and maximises the prospects of recovery later in the proceedings.
Our fraud law team has extensive experience of acting for financiers, companies and individuals in this area of the law and can take you smoothly through what is a complicated legal and procedural process. Our wealth of experience covering areas such as banking fraud, corporate fraud, international fraud, serious fraud, bankruptcy fraud and factoring frauds.
3. SEEKING ANCILLARY COURT ORDERS AGAINST A DEFENDANT Read more
When applying for a Freezing Order against a Defendant, it is also possible to obtain other court orders at the same time to ensure that the legal action is as effective as possible.
At Francis Wilks & Jones, the fraud law team specialises in all types of interim court remedies which can be obtained on behalf of victims of fraud.
4. OBTAINING FREEZING ORDERS ON A WORLDWIDE BASIS Read more
At Francis Wilks & Jones, the fraud law team specialises in obtaining Freezing Orders not only in England & Wales but also on a worldwide basis in circumstances where a Defendant’s assets are believed to be located either partly or wholly abroad.
The granting of a Worldwide Freezing Order is not something a Court grants lightly and it requires specialist legal expertise to maximise the prospect of success of any such application.
At Francis Wilks & Jones, we can provide the assistance required to help obtain a Freezing Order (also known as Freezing Injunction) on a worldwide basis and help protect victims of fraudulent conduct. Our experience covers banking fraud, corporate fraud, international fraud, serious fraud, bankruptcy fraud and factoring frauds.
5. POLICING THE FREEZING ORDER Read more
Once a Freezing Order has been obtained, it is vitally important to ensure that it is properly policed in order that it continues to have the maximum effect against a Defendant.
Freezing Orders can be policed in different ways in order to maximise their effect and the fraud law team at Francis Wilks & Jones can advise you both prior to and following the granting of a Freezing Order how best to ensure it is properly enforced in order to keep the maximum pressure on a Defendant.
6. DEALING WITH THE UNDERLYING CLAIM IN DAMAGES AGAINST A DEFENDANT Read more
Freezing Orders will not be granted on a stand-alone basis. They must be supported by a separate set of legal proceedings against a Defendant setting out the legal and factual basis of the claim and the quantum of damages sought.
At Francis Wilks & Jones, the fraud law team is able to provide specialist advice as to the legal basis of any such claims and how that claim might be pursued, the likely cost of that claim and the procedural steps involved in the civil procedure process up to and including trial.
7. TRACING STOLEN ASSETS Read more
In conjunction with obtaining a Freezing Order against a Defendant, it is vital that action is taken quickly to help identify and trace stolen assets. We have the expertise in house and through our contacts with trusted third party advisors to help trace assets before they disappear for good. These include specialist bank fraud investigators.
Due to our experience in this area, we can often go back to Court on behalf of our clients at a later stage in the proceedings to seek further court orders which might be required to help preserve or recover assets on behalf of our clients in light of new information obtained.
8. WORKING WITH THIRD PARTY SPECIALISTS – A TEAM APPROACH Read more
The best results in fraud law claims often require a consolidated effort across a number of different specialist disciplines.
At Francis Wilks & Jones, our fraud law team can provide the legal expertise you require to obtain the appropriate remedy at Court. However, we also have very close relationships with, amongst others, Forensic Accountants, Forensic Investigators, Bank Fraud Investigators, Barristers, Accountants, Insolvency Practitioners, IT / Data professionals and other third party professionals who may be needed at different stages in the litigation process in order to maximise a client’s chances of making a recovery and / or identify or secure crucial evidence needed to successfully prosecute those involved.
To maximise the prospects of success, it is vital for our clients that these different skill sets are available for use and can be called upon at short notice as required.
9. COMMERCIAL SETTLEMENTS OF CLAIMS Read more
The aim of any Court action is to seek recovery of the stolen monies from the Defendant as quickly and cost effectively as possible. Francis Wilks & Jones the fraud law team understands the commercial implications of any litigation for its clients and the importance of seeking an early settlement where possible. This can help bring a swift conclusion to a claim, saving valuable expense in terms of legal costs and management time for clients.
At Francis Wilks & Jones members of the fraud law team have attended many successful settlement meetings with Defendants and always look to reach a sensible commercial conclusion to a case, when possible.
10. MAKING BESPOKE APPLICATIONS DURING THE COURSE OF FRAUD PROCEEDINGS Read more
Most fraud claims benefit tactically from bespoke applications during the course of the proceedings – in order to keep the pressure on a Defendant. These include, for example, applications for specific disclosure, applications for committal to prison arising from Contempt of Court and defending applications to varying the terms of a Freezing Order by a Defendant. All cases are different, but at Francis Wilks & Jones our fraud solicitors have the expertise to know when and how to make the most of the use of interlocutory applications during the course of the proceedings to maximise the benefit to the Claimant.
If your enquiry is urgent and out of hours, please feel free to contact one of our specialist fraud solicitors, Andrew Bowden-Brown (+44 (0)7904 420 859), Andy Wilks (+44 (0)7793 394 600), Stephen Downie (+44 (0)7960 102 250) or Christopher Ahearne (+44 (0)7525 793 979) direct on their mobiles.
Should the worst happen and you or your business be the subject of a fraud, it is vital that quick and effective action is taken. At Francis Wilks & Jones we have many years’ experience acting in fraud situations - often visiting clients at very short notice, compiling witness statements which then allow us to attend court and seek the relevant without notice Freezing Injunctions, disclosure and other ancillary orders. Our fraud solicitors are experts in this area having undertaken many types of these claims before. All this is designed to protect our clients’ position and recover the stolen monies in what are often difficult and frightening circumstances.